Calvert Sheriff Forced to Release Records and Pay $35K Fine
In a groundbreaking legal settlement, the Maryland Board of Public Works and the Calvert County Sheriff’s Office have agreed to end a lawsuit brought by the American Civil Liberties Union (ACLU) of Maryland. The lawsuit, rooted in allegations of police misconduct, challenged the Sheriff’s Office over the use of high fees to deny access to public records related to invasive police searches.
Lawsuit Rooted in Allegations of Police Misconduct
The legal dispute began in 2022 when the ACLU filed a lawsuit seeking documents under the Maryland Public Information Act (MPIA) that detailed invasive searches conducted by Calvert County Sheriff’s deputies. Community members, particularly Black residents, alleged that the searches disproportionately targeted them, sparking the ACLU’s investigation.
When the ACLU submitted its records request in 2021, the Sheriff’s Office initially delayed responding and later demanded over $12,000 to process the request. The ACLU argued that such exorbitant fees hinder public access to critical information, leading to the lawsuit.
Court Rulings Favor Transparency
After a series of legal battles, the Baltimore City Circuit Court ruled in favor of the ACLU in 2023, emphasizing the public’s right to scrutinize police practices and ordering the Sheriff’s Office to produce the records at no cost. The Sheriff’s Office appealed the ruling, but the Appellate Court of Maryland upheld the decision in August 2024, denouncing the Sheriff’s position as “arbitrary and capricious.”
The court’s detailed guidance emphasized the importance of transparency in government agencies and reinforced the principle of public interest fee waivers under the MPIA.
Settlement Ensures Public Access
Following the Appellate Court’s decision, a settlement was reached and approved by the Maryland Board of Public Works. The Sheriff’s Office agreed to waive the $12,271.50 fee initially charged for the records and compensate the ACLU for its legal expenses.
Deborah Jeon, legal director for the ACLU of Maryland, hailed the settlement as a victory for transparency and accountability. She highlighted the significance of the outcome in reinforcing Maryland’s policing reforms and ensuring that government agencies cannot impede transparency with excessive fees.
This case serves as a critical precedent for evaluating public interest fee waivers across Maryland and aims to deter future financial barriers to transparency by government agencies. The legal team involved, including pro bono attorneys from Zuckerman Spaeder, stressed the importance of fair consideration of the public interest in public records requests.
As we reflect on this legal battle, it raises important questions about the balance between transparency and accountability in government operations. How can we ensure that public access to information is not hindered by financial barriers? And what role do advocacy groups play in holding government agencies accountable for their actions?
